Publication Type

Journal Article

Version

publishedVersion

Publication Date

9-2022

Abstract

A growing number of Australasian jurisdictions now permit a supermajority of owners to terminate a co-owned building scheme allowing proprietors to redevelop, or more commonly, sell the underlying land. This planning tool aids municipal rejuvenation, prevents urban sprawl and provides new housing. In this paper, I examine the provisions pertaining to cancellation of unit plans under nine jurisdictions – New Zealand and all eight jurisdictions in Australia. This comparative analysis highlights several unique aspects of the Unit Title Act 2010 (NZ) such as the way its voting thresholds are calculated and the idiosyncratic application of the ‘just and equitable’ standard in endorsing all forms of plan cancellations. At the same time, NZ’s unit title jurisprudence has been described as ‘relatively immature’. This confluence provides the basis to analyse these novel issues from both doctrinal and comparative perspective across the nine jurisdictions.

Keywords

Australasia, planning law, strata law, property law, comparative law, judicial discretion, New Zealand, unit titles

Discipline

Asian Studies | Property Law and Real Estate

Research Areas

Asian and Comparative Legal Systems

Publication

Monash University Law Review

Volume

48

Issue

1

First Page

1

Last Page

35

ISSN

0311-3140

Additional URL

https://bridges.monash.edu/articles/journal_contribution/Strata_Plan_Cancellations_in_Australasia_A_Comparative_Analysis_of_Nine_Jurisdictions/21249507

Download

Share

COinS